Legal Definitions - personalis actio

Personalis actio is a Latin legal term that refers to a legal action or lawsuit brought against a specific individual or entity (the defendant) to enforce a personal right or obligation. Unlike actions that deal with rights over property itself, a personalis actio seeks to compel the defendant to perform a duty, pay damages, or refrain from a particular action.

Here are some examples to illustrate this concept:

• Breach of Contract: Imagine a software developer who completes a custom application for a client, but the client then refuses to pay the agreed-upon development fee. The developer would initiate a personalis actio against the client. The lawsuit is directed at the client personally (or their business entity) to enforce the contractual obligation to pay the outstanding amount, rather than claiming ownership of a specific physical asset.

• Personal Injury Claim: Consider a situation where a cyclist is hit by a car whose driver was texting and failed to stop at a red light, resulting in significant injuries to the cyclist. The injured cyclist would file a personalis actio against the negligent driver. This action seeks monetary compensation from the driver for medical expenses, lost wages, and pain and suffering, holding the driver personally responsible for their actions.

• Defamation Lawsuit: Suppose a former employee spreads false and damaging rumors about their previous employer's business practices, causing the business to lose several key clients. The business owner could file a personalis actio against the former employee. The purpose of this lawsuit is to seek damages for the harm caused to the business's reputation and financial standing, holding the individual personally accountable for their defamatory statements.